Slipping on Ice: What Are Your Next Steps?

 While many Canadians enjoy the beauty of winter, we are also well aware of the challenges it brings, including the increased risk of slipping and falling on ice. If you’ve suffered a slip and fall on ice, it’s important to understand your rights and protect your well-being.

This article will guide you through the recommended steps to take after a slip on ice and help you navigate the process of securing compensation for your injuries.

What Should You Do After Slipping on Ice?

Slipping on ice can lead to a variety of injuries, ranging from minor bruises to severe conditions like broken bones or even traumatic brain injuries from head impacts. Here’s what you can do to protect your health and give you a strong chance of a successful claim after slipping on ice.

1. Seek Medical Attention

    Always put your safety first by seeking medical attention as soon as possible. Even if your injuries seem minor, you should still see a doctor. Sometimes, serious underlying injuries may not be immediately apparent. 

    Be sure to keep thorough records of your diagnosis and treatment, as these will likely be important documents for your legal claim.

    2. Document the Scene

    For Ontario slip and fall claims, documenting any unaddressed hazards in the area can strengthen your case. If possible, either you or someone with you should take photos of the area where you slipped on ice. 

    Be sure to document the surrounding conditions, including any lack of warning signs, to provide a clear picture of the environment at the time. 

    3. Report the Incident

    Report the incident to the appropriate parties, whether the municipality or property owner. This not only helps prevent future accidents for others, but can strengthen your legal claim as well.

    It’s also important to note that in Ontario you have 60 days to provide written notice for claims involving municipal properties. If you miss this deadline, it might jeopardize your ability to pursue compensation.

    4. Rest and Recover

    Allow yourself time to heal from your injuries, avoiding strain that could worsen your condition. Aggravating your injuries not only poses risks to your health but could also weaken potential legal claims.

    5. Consult a Lawyer

    Contact a personal injury lawyer to discuss your case and learn about your options. A legal expert can guide you through the complexities of filing a claim and pursue compensation on your behalf.

    Have you had a slip and fall?

    Your case could be worth thousands. Find out how much your case is worth.

    Can I Get Compensation for Falling on Ice?

    If you’ve suffered falling on ice injuries, you may be entitled to compensation to address medical bills, lost income, and emotional distress. Average slip and fall settlement amounts in Ontario range anywhere from $50,000 to $150,000 depending on the severity of damages.

    The people or entities who will be held responsible for your accident largely depends on where you fell on ice. Liability varies based on whether the fall occurred on private property, commercial property, or in a municipally controlled area.

    Residential Properties

    If you fall on ice at a residential property, the homeowner may be held liable. Proving negligence requires demonstrating that the owner failed to maintain reasonable safety measures such as removing snow on a private walkway or driveway.

    Commercial Properties

    Business owners have a responsibility to maintain safe premises for customers and employees. If your lawyer can establish that inadequate snow or ice removal contributed to your injuries, you may be eligible for compensation.

    Rental Properties

    For rental properties, the responsibility for snow and ice removal may fall to either the landlord or tenant, depending on the lease agreement. A lawyer can review your rental terms to clarify liability.  

    In many cases, landlords are responsible for ensuring that walkways, driveways, and common areas are free of snow and ice. However, in some instances, the lease may specify that the tenant is responsible for snow and ice removal outside their own home.

    Additionally, it’s important to document the condition of the property and any communications with the landlord or property management regarding snow and ice removal.

    Municipal Properties

    Municipalities are held to a high standard under the Occupiers’ Liability Act and Municipal Act. This includes maintaining walkways and public spaces to prevent incidents like falling on a sidewalk. 

    Since the case City of Nelson v. Taryn Joy Marchi, 2021 SCC 41, the Supreme Court of Canada has established that municipalities can be held liable for slip and fall accidents on icy sidewalks if the incident resulted from a faulty “operational decision,” such as failing to clear ice promptly or shoveling ice in a hazardous area. 

    However, municipalities might be protected from liability if the accident occurred despite “policy decisions” that were made in good faith. 

    Nonetheless, the 2021 ruling generally favors the claimant in slip and fall cases involving ice, placing a significant responsibility on municipalities to properly maintain safe public areas.

    Do You Have to Sue Someone for a Slip on Ice Settlement?

    Filing a claim doesn’t mean placing undue financial strain on an individual, as most settlements are handled through insurance policies. Homeowners, businesses, and municipalities typically carry liability insurance to cover accidents like slip and falls. 

    This system is designed to protect both parties, ensuring victims receive compensation without causing unnecessary financial hardship for property owners. By relying on insurance coverage, victims can focus on recovery while property owners are shielded from direct out-of-pocket expenses.

    Have you had a slip and fall?

    Your case could be worth thousands. Find out how much your case is worth.

    Conclusion: Get Legal Help After Slipping on Ice

    Slipping and falling on ice can leave lasting physical, emotional, and financial impacts. Understanding your rights and the responsibilities of property owners are important first steps toward achieving justice for your injuries. At WVGB Law Group, our experienced slip and fall lawyers in Ottawa can help you understand your legal options after a slip and fall accident and can build a strong case to secure fair compensation. Do not hesitate to reach out today to discuss your accident in a free consultation.

    About the Author

    Justin is a fully bilingual lawyer and services clients in both French and English. He represents parties in insurance disputes, personal injury claims, and employment disputes at various levels of courts in Ontario. He was given early acceptance to the Common Law program at the University of Ottawa Law School. He obtained his Juris Doctorate in 2014 and was admitted to the Law Society of Upper Canada in 2016 after articling at Weaver Simmons in Sudbury, Ontario.

    Education

    University of Ottawa – Common Law

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